Combs Law Group

St. Louis Criminal Defense Lawyer Blog

Why Hiring a Public Defender Can Cost You Your Case.

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Introduction

If you or a loved one has recently been charged with a crime that may take you to the courtroom, you are likely scared and anxious to find someone to represent your case. If you are wondering whether to choose a Public Defender or private criminal defense lawyer to defend you, you’re in the right place. 

What representation you choose for your defense is the most important decision you are going to make and can be the difference between you walking away with your freedom or suffering a huge fine or significant jail time. It’s time to choose someone to fight in your corner to ensure that doesn’t happen. 

This article outlines everything you need to know to make your decision. Before we start weighing the pros and cons, let’s take a moment to check we are all on the same page about what Public Defenders in Missouri actually do. 

The Public Defender System in Missouri 

In Missouri, the Missouri State Public Defender (MSPD) provides legal representation to all accused citizens, as per the constitutional requirement. Any citizen accused or convicted of crimes in Missouri at the level of the State Trial Court, Appellate Court, Missouri Supreme Court, or US States Supreme Court has the right to a Public Defender. 

The MSPD “attempts to provide every client with a high-quality, competent, ardent defense team at every stage of the process”. However, since the MSPD expanded statewide in 1989, they have undergone over ten independent evaluations which warned state officials that the MSPD was making constitutional violations. 

These warnings were ignored until the right to counsel became a constitutional crisis in Missouri. The MSPD is notoriously understaffed, overworked, and underfunded. MSPD is one of the least funded public defender systems in the whole of the US. 

Myths and Misconceptions about Public Defenders 

There are many misconceptions about Public Defenders what they do, and what they are able to offer. Here are some truths you need to be aware of:  

  • Public Defenders aren’t free – they will seek repayment for the costs incurred while representing you, in most cases. They won’t require payment upfront, but you will have to pay their fees. 
  • Public Defenders care – when they can. Yes, they get paid either way, but they are often so overloaded with cases that the first time they meet you is in the courtroom. Without that personal connection, it may feel as though they don’t care about the outcome. 
  • Many Public Defenders are good at what they do – given the limited resources they have. They have completed the same qualifications as private attorneys and are likely getting experience until they can move on to private practice. 
  • Public Defenders aren’t out to get you – they don’t have a secret agenda and they aren’t conspiring with the state to make sure you get a terrible sentence. They will do their best for you with what they have. 

How to Qualify for Public Defender Assistance 

If you need Public Defender representation, one isn’t automatically assigned to your case if you don’t find a criminal lawyer of your own (in that case, you will have a court-appointed attorney). To acquire public representation, you need to complete a written application at your local MSPD office serving the county in which your charges are pending. You can find links to the application and a list of offices here.

You should be aware that the Public Defender won’t represent all cases. The cases it absolutely will not handle, are: 

  • Civil cases involving money damages 
  • Landlord-tenant cases 
  • Immigration and deportation cases 
  • Divorces 
  • Child custody cases 
  • Municipal court cases 

Are Public Defenders Overworked in Missouri? 

In short, yes. There are approximately 112,000 cases for the MSPD to handle at any one time and only 370 lawyers. That means each lawyer is juggling around three hundred cases at any one time. 

As you will have read in the first section, the MSPD is one of the least funded public defender offices in the whole of the states. They simply don’t have the funding to acquire the resources necessary to offer their clients a good quality of representation. 

The American Bar Association (those that set the notorious Bar examination for attorneys) has a minimum requirement for how long lawyers should spend on each case to ensure their clients have adequate and ethical representation, but only 3% of cases in Missouri represented by Missouri public defenders meet this requirement for the constitutional requirement. In other words, 97% of clients are getting unlawful representation.

Missouri public defenders rarely get to meet with their clients before the trial, meaning both the client and the public defender walks into the courtroom completely unprepared to defend their case. They don’t have a chance to discuss the circumstances from the client’s point of view, witnesses, evidence, any plea negotiations that could have taken place before the trial, or a strategy for in the room – all things they should have a right to and any private attorney will offer. 

Pros and Cons |Public vs Private Attorneys 

Public vs Private Success Statistics 

In a study by the University of Dayton, it was found that there is no significant relationship between having a Public Defender represent you and the outcome of your trial. However, if you have your counsel appointed for you, you are 14% more likely to be convicted than if you have private counsel, with public defenders falling in between the two. 

Public vs Private Costs 

The pro most people know about public defenders is that they are the cheaper option – but it’s important to remember they are not free. If they accept your application, they will let you know how much their representation will cost and how you can repay them. They will come up with this figure by looking at a chart called the Fee Schedule, which you can see here. The fees are relatively minimal, starting at $125 for misdemeanors and probation violations, and go up to $1,500 for a capital murder case. 

A con of choosing private representation is that, obviously, it’s going to cost you significantly more. However, it’s likely not as expensive as you may imagine to hire a good attorney for a small and straightforward case. The national average for private representation ranges from $2,000 to $4,500, depending on the case and experience of the lawyer. If you are someone who has a number of charges or convictions and you are facing prison time your fees will be higher due to the complexity of the case, but its’ also important to remember what those fees are going to get you. They are likely the difference between your freedom and having your liberty stripped from you. When it comes to criminal representation, you really do get what you pay for. 

Public vs Private Workload 

A major con of choosing a Public Defender over a private attorney of your choosing is their workload. As already, discussed, Public Defenders have a huge number of cases to manage, and they simply don’t have the time to give you the personal attention and reassurances you need. 

Private attorneys work for you. When you choose a private criminal defense lawyer, you have the chance to meet with them before they represent you and ask them as many questions as you need to know whether or not they are the right attorney for you. 

When Does It Make Sense to Use a Public Defender? 

If you are on a very limited budget, it is your first offense, it is a minor crime, and you are certain of the outcome already and don’t wish to fight it, then a Public Defender may be the right option for you. 

When Doesn’t It Make Sense to Use a Public Defender?  

In any other situation from (and including) the one above. If you can find a way to afford a private attorney, it really is the best solution. They will be your advocate throughout your case and will fight for your freedom. If a private lawyer is known to lose a lot of cases, they simply won’t have clients. The success of their business relies on the success of their cases and the happy words of past clients. Many private criminal defense lawyers offer their clients 24/7 access so should something change in their case, they’ll be there to defend you at any time of night or day. 

Don’t Risk It 

If you can find the money to afford a private attorney, you should. It simply isn’t worth the risk of choosing a Public Defender over finding a public criminal defense attorney who you click with and who will be your advocate every step of the way. While all public defenders have the best of intentions, they are overworked human beings. Like all of us, when they are tired their quality of work starts to suffer, and you don’t want that work to be your future. 

Don’t leave whether or not you walk away from your case with your freedom to chance. If you’re looking for a private criminal defense lawyer in St. Louis and surrounding areas, who will prioritize your case and has hundreds of successful cases and happy clients behind them, Combs Law Group may be the perfect fit. 

We offer completely free consultations to talk you through your case and our process, and we get back to most initial inquiries within just two hours, so if you’re feeling anxious and need someone to talk to as soon as possible, take a deep breath and click here to contact us now.

Looking to hire the “best criminal defense lawyer in St. Louis”?

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Introduction

If you’ve been arrested and charged with a crime the first thing you do is consider hiring a criminal defense lawyer.  If you can afford it, it’s probably a good decision to hire a criminal defense lawyer. But if you have to go with the public defender option just know that you’re taking a chance and although it seems like the least costly option, it can cost you big time in the long run.  Check out this recent article “Why hiring a public defender is a bad idea (most of the time)” to learn more. However, for those who understand the value of hiring a private attorney, the process of choosing your attorney can be a difficult one. Most people want to hire the “best” criminal lawyer” they can find at a reasonable cost. But what constitutes the “best” when it comes to criminal defense lawyers in St. Louis? Let’s take a look at the factors that come into play when evaluating the best lawyer for your particular legal problem.

Experience, Knowledge, & Creativity

Like most professions, criminal defense lawyers get better over the course of their careers.  A criminal defense lawyer who has just graduated law school is probably not going to be your best choice if you’re facing a murder charge. But at the same time, you probably don’t want to hire a criminal lawyer who is in the last few years of his career.  Ideally, you want a young, energetic, but experienced lawyer. 

Criminal defense law is a mixture of knowing the law and knowing how to apply the law under specific circumstances.  The good St. Louis lawyers have a wealth of knowledge about the law and HOW to apply it, while the best lawyers in St. Louis know all the loopholes in the law and know WHEN to apply them.  The law itself is something that is always up for new interpretations, and the best criminal lawyers in St. Louis can create new interpretations that are beneficial to their cases.  

A good question to ask any criminal defense lawyer during the interview phase is whether they think there are any loopholes within the law that would be relevant in your case.  This could be a process loophole where the police forget to calibrate the breathalyzer in a DWI case, or it could simply be an illegal search and seizure in a drug possession case.  Either way, the best lawyers will find these loopholes and take full advantage of them under the law.

Character, Attitude, & Personality

You have to be a particular type of person to want to practice criminal defense law.  It’s not something that every lawyer who comes of law school is equipped to do. If you have ever watched “Better Call Saul” you might think that all criminal defense lawyers are a little shady, and there is probably some truth to that in some areas of criminal defense law.  However, most if not all criminal defense lawyers are big defenders of “due process” and the right to a fair trial. That’s what makes our judicial system unique and criminal defense lawyers have a critical part to play in our system. The best criminal defense lawyers are the ones that get into criminal defense law for this reason.  They want to defend the defenseless, and although it’s not easy defending someone who committed a terrible crime, under our judicial system, someone has to step up and do it.  

But that’s not all you should look for when evaluating your “best” criminal defense lawyer.  You want to find someone who is confident with themselves but doesn’t have a major ego. This can be tough to find in the criminal defense lawyers in St. Louis.  You want a lawyer who is assertive, and not aggressive. Aggressive lawyers tend to shoot themselves in the foot with their clients, the jury, and with the prosecuting attorney.  An assertive attorney knows what he wants and knows how to communicate that to either the prosecutor or the jury he is trying to sway. The “best” attorneys are usually likable and positive in a natural way, and that can be their most effective tool when defending your case.

Winning Is Important 

Most criminal defense attorneys want to win every case, but that’s just not going to happen.  Over time they will win some and they lose some. After an attorney has been in his profession for a while he can become indifferent about the win or the loss in a case. However, the best attorneys are always wanting to win.  They have that competitive mentality and they don’t necessarily want to win for you, but winning is important overall. The best lawyers have this mentality and they will go the extra mile on your case because they want to win, not because you paid them an extra $10,000 or because they like you.  

When looking for a lawyer, evaluate his or her previous client reviews or testimonials.  The best lawyers have the best reputations. So try to find a lawyer who is still trying to be the “best” or maintain his reputation as the “best” and he will likely go that extra mile to get you the “best” outcomes in your case.

Building Personal Relationships With Clients

The last factor that you should look for when evaluating your “best” criminal defense lawyer in St. Louis is how much personal attention the lawyer gives to you as a client.  Choosing a criminal lawyer is an important decision if you’re facing some serious crimes. You’re putting your future and in some cases your freedom in the hands of another individual.  Invariably, you are trusting your lawyer with a lot, and you want to be able to be completely honest with him or her. This is not like hiring a mechanic to fix your car. You want to be able to create a quasi business-personal relationship with your criminal defense lawyer.  The best lawyers know how to bond with their clients while maintaining their moral and ethical codes. Defending yourself in a criminal case can become an emotional ordeal, so having a lawyer who can be attentive to your emotional needs will be important. The best criminal defense lawyers will help you as you go on the emotional roller coaster during your case.

Conclusion

If you do a Google search for  “Best Criminal Defense Lawyers In St. Louis” you will find all these websites that list the “Top 10 Best Criminal Lawyers In St. Louis” or the “Top 5 Criminal Lawyers In St. Louis”.  Unfortunately, these ranking sites don’t really know if those lawyers are the “best” criminal lawyers for your needs. Only you can decide who is the “best” lawyer for your particular needs.  At Combs Law Group we like to think that we are the “best”, but so does every other St. Louis criminal law firm. What we do know for sure is that if you value character, attitude, and personality, and you want a lawyer who values winning while providing you close personal attention, we are the law firm for you. We urge you to read through our long list of reviews from previous clients to see what makes us stand apart from other law firms in the St. Louis area.

Contact us today for a free case evaluation.

Probable Cause: Police Searches and the 4th Amendment

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For centuries, we have held the police out as a leading law enforcement agency for keeping the peace. Years of training, huge budgets, and well-intentioned officers however can not stop the rising numbers in brutal clashes between police and citizens. 

These clashes heightened recently, bringing to fore racial disparities and how minorities are often the victims of police brutality. This comes in varying forms including racial profiling regarding searches, seizures and arrests. These happenings have led to a call for police reform which has gained momentum recently. 

Government after governments have tried to solve these issues as they arise over decades. Several commissions have been set up, but the problem persists, albeit in distinct forms. 

The Black Lives Matter Protest and Demand for Police Reform

Since George Floyd, there has been a significant rise in the number of protesters against police brutality and some racial injustice. The protest has seeped into a rise in calls for police restructuring and defunding. 

Although there have been a myriad of opinions on this subject, they all seem to agree that there is a need for a reform of law enforcement systems. Major policy reforms in policing and law enforcement must cut across searches and other erstwhile legal provisions. 

Some police officers could hide behind the veil of law to commit racial injustice. For example, the Supreme Court in Graham v. Connor may have widened the latitude for use of force when “objectively reasonable”. This may not offend the letters of the law, but it contravenes its spirit.

These legal provisions protect law enforcement officers who have acted in violation of constitutional rights. This perhaps unintended consequence of law is tagged as Qualified Immunity. Until congress looks into this problem, we encourage victims to continually assert their rights through a competent criminal defense lawyer. 

Opinions on Police Reform and Restructuring

There have been two sides to the argument on police reform, especially in the wake of Trump’s law and order approach. Racial divides seep into the arguments too, as a recent study by CATO institute suggests. The study reveals that over 70% of African Americans hold the opinion that police are quick to use deadly force on citizens. Barely 40% of whites agree to this proposition.

These views have significantly shaped the liberal and conservative stances to the subject of police reform. Conservatives hold the opinion that there is no systemic problem with the police. They contend that the problem is only with a few bad apples. Studies suggest that 80% of republicans believe that police use of force is necessary and justifiable.

The Liberals on the other hand believe that there is a problem with the system. This informs their call for a system overhaul, police reform and police defunding. Undertaking a policy overhaul as the liberals suggest depends on a closer look at the laws and institution. This also applies to the position of the conservatives as covering legal loopholes may solve the bad apples problem. 

All these beg the question of the current stance of the law on the concerned subject matters. This is where the fourth amendment comes into the argument, particularly regarding search and seizures. 

Fourth Amendment and Implications for Law Enforcement 

A growing concern in law enforcement in US is false searches and racial profiling. In fact, the case of George Floyd lends credence to this. He was said to have been pulled over for a police search after someone had reported that he tried to use a counterfeit 20 dollar bill. There are instances of many other routine police search incidents that had gone south like Floyd’s. 

The Fourth Amendment of the Constitution makes provisions relating to the right to privacy and freedom from unjustifiable government intrusions. It provides that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This is a natural human right that applies to all irrespective of race or ideological leanings. However, it is not an absolute right. It does not exclude the conduct of searches and seizures. Searches and seizures must however be conducted reasonably and in accordance with the law. This is one area unscrupulous officers often exploit to foist injustice on civilians. 

US Law on Reasonable Search and Seizure

Cops have found refuge in the law on arrests and the attendant factual uncertainties. Certain aspects of the fourth amendment such as “probable cause” has been leveraged upon and abused by cops. This is because of its relatively low and subjective standard. 

The phrase literally connotes that there must be a good and compelling reason to act. The same applies in this case, too. The police are required under US criminal laws to have an adequate reason before issuing a warrant for search, seizure or an arrest. Thus it is generally required under the fourth amendment that intrusive seizures be based on reasonable suspicion. 

Searches with warrants are clear, mostly. The situation becomes nebulous when searches and seizures without warrants are considered. It has been the crux of so much outrage in recent times. For example, racist cops may racially profile a black person and pull him over for a search with no reasonable cause. 

Warrantless searches are generally outlawed by the fourth amendment, but there are exceptions. The exceptions include when the searching officer possess a reasonable and articulate suspicion or ongoing criminal activity. But what qualifies as reasonable suspicion is determined by peculiar circumstances of each case. Factual twists may be exploited to the detriment of the victims. Therefore, it is important for victims of unlawful searches to have competent criminal defense attorneys on their case. 

The Miranda Rights 

Another issue that clouds the reasonableness of a search, seizure and arrest is failing to read the Miranda rights to the suspect. A law enforcement officer must read the Miranda warning to a person under custodial interrogation. It includes very important rights of a suspect such as the right to remain silent and the right to an attorney. It is an offshoot of the protection against self-incrimination under the Fifth Amendment. 

Failure to read the Miranda rights to a defendant casts doubts on its reasonability. Cops have been known to pull over persons, arrest and conduct custodial interrogations without reading out their Miranda rights. If you’ve been in this situation, contact a competent criminal defense attorney. 

We place usually more emphasis on reading the Miranda rights to a suspect in custody. This is because it only applies to suspects or defendants under custodial interrogation.  So it may ordinarily not apply to routine searches. For examples, the traffic officer needs not read the Miranda rights to a person at a routine traffic stop. 

We would advise that you maintain silence where possible during interrogations. It is best that you speak after you have consulted with your criminal defense attorney.

Let our St. Louis Criminal Defense Attorneys Fight for your rights

Have you or your loved one been a victim of false search and seizure? Our St. Louis criminal defense attorneys are ready to fight to protect your fourth amendment rights. Contact us for a free consultation or call us to discuss your case.  

Search and Seizure FAQs

  1. Can a police search be conducted without a search warrant?

Yes, they can.

Under US laws, the police do not require Search warrants for every search. Although the general rule is that there must be a search warrant before they conduct a search, there are certain exceptions at law. Some recognized exceptions are;

  • Emergency Situations

Necessity may require that a search be conducted without a warrant sometimes. In such instance, the search may be legal. 

  • Consent

A search without a warrant is not illegal if you consent. For example, if you are asked for permission to enter your home to conduct a search and you consent, it is not illegal because they did it without a warrant. 

  • Searches after Arrest 

The law allows police officers to conduct searches on an arrested person for weapons that may be dangerous. 

  1. What should I do after falling victim to a false search and seizure? 

If you’ve been a victim of a false or unlawful search and seizure your first point of call should be your attorney. You may assert your rights under the fourth amendment and recover compensation. In fact, you can include attorney fees in the damages. A competent local attorney could analyze the particular facts of your case, advise you, and proceed to recover compensation on your behalf. 

Insurance Companies and Personal Injury Cases

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How Do You Deal With Insurance Companies in a Personal Injury Case?

If you are injured in a car accident that was no fault of yours, planning to file a claim for compensation with an insurance company is only natural. But filing a claim and recovering compensation are often very different propositions for a simple reason. 

You and the insurance company have very different  objectives. While you want to recover the compensation that can help you move on from your accident quickly, the insurance company’s objective is to conclude the case for as little as possible. 

Even if this means you don’t recover enough to cover your loss or injuries, or you don’t recover quickly enough to move on, it’s okay with them. Their primary duty is to their bottom line, not to you. 

So, while you cannot avoid dealing with an insurance company after your accident, you should keep in mind that they will only be looking out for their best interests and not yours. 

To help you understand how to deal with insurance companies after an accident, our personal injury attorneys explain what to do after a car accident. 

Do Not Contact The Car Insurance Company Right Away

Being in an accident is bound to leave you shocked, confused, stressed out or likely injured. So you most likely are not in the best frame of mind to contact your insurance company. You need to gather facts and pull yourself together first. 

Hopefully, the accident is not so serious as to leave you unconscious and hanging to life. If you are able to, the first thing you should do is to call 911. Any call you would make should be to the police, if they are not already on their way to the scene of the accident. You can also check on the passengers of the other car to see if anyone is injured

Get As Much Information As Possible To Aid Your Claim

You will need to get the other driver’s information to aid your claim. Information which you should get include: 

  • Insurance information of the other driver
  • The full name and contact information of the other driver (also that of the passengers in the car)
  • Driver’s license and license plate number
  • Type, colour and model of the other driver’s car
  • Location of the accident

You will need to share your information with the other driver as well. Also,take pictures of the accident scene and the damage done to both cars .

Seek Medical Attention Immediately

It is best to seek medical care immediately after the accident. Explain all the symptoms to your doctor . This will enable your doctor to treat you appropriately.

Also ensure you keep getting treatment if you are still experiencing any symptoms. Failure to do so will make the Insurance company think you are fully healed.

Notify Your Car Insurance Company

After the accident, you are to notify your insurance company by filing a claim . If the accident was not your fault, your insurance company is expected to get your car fixed, pay your medical fees or pay you for any loss incurred.

The Insurance company would assign a Claims Adjuster to your case. A Claims Adjuster is a person assigned by the insurance company to manage your claim. It is his work to save the insurance company money, hence he would be on the lookout to sabotage your claim.

There are ways in which the insurance companies sabotage injured victim claims which would be explained below:

Make you accept fault

Missouri is a Comparative fault state. This means compensation for victims of accidents are granted only if they had no role in its cause. This legal doctrine is also known as contributory negligence. 

What it means is that, should the insurance company find out you had a fault in the accident, your claim will be invalid.

However, what you need to do is get a St. Louis personal injury lawyer who will assess your claim and make sure you get just compensation for your injuries.

Create contradictions in your earlier submitted information

After filing your claim, insurance adjusters try everything within their power to discredit your claim in order to use it against you.

They monitor your movements and your social media handles just to get facts that contradict your earlier submitted information. This is all done in a bid to lower your settlement or deny your claim. It is always advised to get a personal injury attorney at this stage to help you handle the insurance adjusters.

Make you accept settlement before contacting a lawyer

The Insurance company would always want to make you accept their settlement before contacting a lawyer. These settlements are usually low and won’t cover the costs incurred after the accident.. However, contacting a lawyer before accepting a settlement is always best.

When dealing with your insurance company: (It is usually best to have your lawyer by your side to guide you)

  • Do not accept fault for the accident.
  • Do not sign a release form (or any other document) from the insurance company without consulting a personal injury attorney.
  • Do not distort facts or exaggerate
  • Do not give any official recorded statement without consulting a personal injury attorney.
  • Never answer any question which you are not sure of. Rather, it’s best to answer “I don’t know” to any questions to which you can not give a factual answer. Usually, it is questioned as to the speed you were driving at or other estimates.
  • Do not agree to any settlements from the insurance company without consulting a personal injury attorney. Usually, the initial settlements from the insurance companies are quite low.

Hire A Personal Injury lawyer

This is one of the most important factors. A personal injury attorney will ensure you get the best compensation for any losses incurred. 

Having an experienced personal injury lawyer will ensure your claim is properly handled by the company.

Ultimately, such lawyers are more experienced in dealing with insurance companies. They are in the best position to know the true value of your claim, taking into consideration present and future damages.

It is however important you hire a personal injury lawyer early in the process in order for him to help you manage the insurance process.

Usually, your personal injury lawyer would:

  • Make sure you receive adequate medical treatment and order for your medical bills and medical records. After you have been properly healed, he would submit all your treatment information to the insurance company.
  • He would handle the negotiating process with the insurance company. 
  • Your personal injury lawyer would submit a demand for settlement on your behalf to the insurance company. Then negotiations begin with the insurance company making the first offer, and it goes back and forth until your lawyer gets the best amount suited to your claim. Nonetheless, the decision to accept the offer or not lies with you.

Should you accept the offer, the negotiations ends. But if you don’t, your lawyer will file a lawsuit on your behalf against the party at fault. It usually takes longer than a settlement but you may be able to  recover more compensation for your injuries.

This is why it is usually best to work with a lawyer who can advise you on how best to proceed. At Combs Law Group, our personal injury attorneys are amongst the best in the country. 

We understand how difficult it is to deal with insurance companies. We are aware of the tactics they usually use to avoid paying fair compensation and know exactly how to get you the compensation you deserve. 

If you have been injured in an accident and are now contemplating filing a claim,  call us at 314-451-2711 to schedule a free, no-obligation consultation today. You can also send us an email at contact@combslawstl.com or fill out a contact form.

A Complete Guide to Car Accident Cases in St. Louis, Missouri

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Hire A Lawyer For Your Car Accident ASAP

Car accidents can be uncomfortable at best and life-altering at their very worst. Sadly, there’s rarely any notice, if ever, when a car accident is about to happen. They come out of the blue and will often leave you stunned, confused or even fighting for your life. 

If you have been injured or suffered loss in a car accident, you should know that Missouri laws entitled you to pursue compensation. You may be able to hold the responsible person accountable and recover damages for your injuries. 

However, knowing that you have a right to compensation and understanding how to go about it are often very different propositions. There are several complex legal rules that guide the process and more than a few stages you may have to go through. 

Knowing this, we have prepared this car accident guide to help you understand the claims process. However, your best course of action is to pick up the phone and call one of our St. Louis car accident attorneys here at Combs Law Group. We can explain what you should know about these accidents and the steps you will be required to take at each stage.  Let’s review some of the most important concepts to keep in mind for a car accident case.

What are the most common types of car accidents and injuries?

Car accidents happen very often, perhaps more often than most people realize. The NHTSA reports that millions of accidents occur in the US every year. Further statistics indicate that the average driver will be involved in 3-4 accidents during their lifetime. 

These include a variety of accidents of increasing severity such as: 

  • Head on collisions 
  • Rear end collisions 
  • T-bone accidents 
  • Pileups
  • Sideswipe collisions 

When these accidents occur, they can lead to severe injury for all drivers involved, their passengers and even pedestrians or bystanders. Many of these injuries will require extensive medical treatment, stitches or even therapy in order to return the victim to their pre-accident state. Some of these injuries include: 

  • Whiplash 
  • Lacerations and abrasions 
  • Broken bones 
  • Bone fractures 
  • Chest and rib injuries 
  • Head and traumatic brain injuries 

What to do if you have been injured in a car accident 

Since they usually happen without notice, the aftermath of a car accident can be a very confusing period. It’s perfectly okay to feel flustered or overwhelmed after the accident. 

After the accident, you may want to pursue compensation against the responsible driver, either for your injuries or the damage to your vehicle. But in order for your claim to be successful, you should immediately follow these steps after the accident: 

  • Report the accident. Call 911 immediately to inform them about the accident. Missouri laws require you to file a report with the Driver License Bureau if the accident involved an uninsured driver or property damage above $500. 
  • Remain at the scene. It is a crime to leave the scene before law enforcement arrives. 
  • Exchange information with the other driver. You are required to collect the personal information and insurance details of everyone involved in the accident. 
  • Seek medical attention. Let emergency services look you over and take you to the hospital if necessary. 
  • Gather evidence. Take photo and videos of the accident scene, paying particular attention to vehicle damage, skid marks and the surroundings. See if there are any witnesses to the accident and collect their contact information. 
  • Write down all you can recall. Things may start to get fuzzy after the accident. So, sit and write as soon as you can. 
  • Hire an attorney. Contact a St. Louis car accident lawyer as soon as you can to get a positive head start on your claim.

Most people will also call their insurance companies right away. However, you must keep in mind that insurance companies are not always acting in your best interest, not even your own insurance company. They are on a mission to minimize the amount they have to payout for the claim. By all means, feel free to contact your insurance company to report the accident. However, do not sign anything until you’ve spoken with an attorney.

How do you file a St. Louis car accident case? 

In the days following the accident, your focus should typically be on receiving medical treatment for your injuries. If you have contacted a St. Louis car accident attorney, they will already be working on your claim. 

However, do not be surprised if they want to wait until you have received sufficient medical treatment before they file. Attorneys typically want you to reach a point of “maximum medical improvement” before they file your claim. This way they can get a very good idea of your medical expenses, both current and future. 

The claims process will involve the following steps: 

  • Evaluate and investigate your claim. This will be important to establish the true circumstances of the accident and secure evidence that shows what really happened. Your attorney may also assist you in securing the assistance of experts such as health consultants and accident reconstruction experts to establish your claim and the likely sum of compensation you are entitled to.  
  • Send a demand letter. Once they are certain that your claim is water tight, your attorney will typically send a demand letter to the at-fault driver’s insurer. The letter will outline your case and demand a specific sum as compensation. 
  • Engage in negotiation. The insurance company will usually respond to your demand letter, either denying your claim or making a settlement offer. This first offer is unlikely to be what you demand and so negotiation will ensue. 
  • File a lawsuit. If the insurance company fails to match your expectation of fair compensation, your attorney will file a lawsuit on your behalf. Although most cases rarely get to this point, a lawsuit may be necessary to get the insurer to see things your way. 

You can read more detailed information about how the claims process works here. 

How to choose a St. Louis car accident attorney? 

If you don’t already have an attorney, you should ideally speak with one before launching into the claims process. 

While you do not absolutely have to retain an attorney, having an experienced St. Louis Car accident lawyer on your side can be crucial to receiving the compensation you desire. This will especially be the case if your car accident case involves serious injury such as broken bones, amputation, or disfigurement. 

In deciding on a car accident attorney, your focus should be on finding someone that is experienced, knowledgeable and that specializes in Missouri car accident cases. You also want an attorney that has time for you and will diligently handle your case. How do you go about finding such an attorney? 

  • Start with referrals. Ask your friends and family for referrals or go online and check attorney review sites such as Avvo. 
  • Make a shortlist. Identify those attorneys that meet your criteria and make a shortlist of those you’d like to try. 
  • Meet your lawyer in person. Ideally, meet each of these attorneys in person so you can get a feel for them. 
  • Clarify all the terms. Ask questions about everything, including the attorney’s fees, their experience, and how they propose to handle your case. 

If you like, you can also begin your search right here. The Combs Law Group is regarded as one of the foremost personal injury law firms in the entire St. Louis area. We offer free initial consultations so it will cost you absolutely nothing to see if we can help you. Call us today at 314-451-2711 to speak with one of our attorneys for free or fill out a contact form and we will call you back right away. 

What are the next steps for your car accident lawsuit? 

Now that you understand how a car accident case usually proceeds, your next step should be to contact a law firm or attorney competent enough to handle your case. 

The attorneys will listen to your case and explain your rights to you. They will also provide an analysis of your case and help you understand the possible settlement amount you could be awarded for your claim. 

If you would like to speak with an experienced St. Louis car accident lawyer about your case today, call the Combs Law Group for a free, no-obligation at 314-451-2711. 

Additional FAQs

Is Missouri a no fault state for car accidents?

No. Missouri is an at-fault state for car accident cases. This means if you are in a car accident in Missouri, you may file a claim directly against the responsible driver or their insurer. 

How long does an insurance company have to settle a claim in Missouri?

The Unfair Claims Settlement Practices Act generally requires insurers to investigate and settle a claim within a total of 45 days, with some exceptions. Your attorney will be able to advise if this should apply in your case. 

What are the requirements for auto insurance in Missouri?

Drivers in Missouri are required to carry minimum coverage of: 

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $10,000 per accident for property

Drivers must also carry uninsured motorist coverage of $25,000 for bodily harm per person and $50,000 for bodily injury per accident. 

Is Missouri a PIP state?

No. Missouri does not require personal injury protection coverage on car accident insurance policies. 

How long does an accident stay on your record in Missouri?

An accident may stay on your record for up to 3 years after an at-fault collision.

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We proudly represent clients throughout the St. Louis Metro area including the following municipalities and counties: Affton, Florissant, Chesterfield, University City, Oakville, Wildwood, Ballwin, Mehlville, Kirkwood, Hazelwood, Maryland Heights, Webster Groves, Ferguson, Spanish Lake, Manchester, Lemay, Overlan, Concord, Creve Coeur, Clayton, Bridgton, Jennings, St. Ann, Crestwood, Bellenfontaine, Town and Country, Berkley, Richmond Heights, Maplewood, Ellisville, Ladue, Des Peres, Sunset Hills, Brentwood, Eureka, Olivette, Sappington, St. John, Black Jac, Shrewsbury, St. Charles County, St. Louis County, Jefferson County, Franklin County, Lincoln County, and Warren County, Ste. Genevieve County

Disclaimer

The information on this site is for informational purposes only and should not be interpreted as legal advice. No formation of the attorney-client privilege is created by the use of this site. The choice of an attorney is an important one and should not be based solely on advertisements.